Opinion
No. 04-16-00817-CV
01-11-2017
IN THE INTEREST OF J.S.
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2014PA00345
Honorable Charles E. Montemayor, Judge Presiding
ORDER
Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 196 (Tex. 2001). A judgment is final for appellate purposes if it disposes of all pending parties and claims in the record. Id. Because it appears there is no final order of termination in the clerk's record, it appears there is no final judgment from which appellant may appeal at this time. We have found no authority permitting an interlocutory appeal from a partial summary judgment order in the circumstances presented here. See Texas A & M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 840 (Tex. 2007) (holding appellate courts have jurisdiction to consider interlocutory orders only if statute explicitly provides such jurisdiction).
Accordingly, we ORDER appellant to file a written response in this court on or before February 10, 2017, showing cause why this appeal should not be dismissed for want of jurisdiction.
If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). If a supplemental clerk's record is required to establish this court's jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.
We order the clerk of this court to serve a copy of this order on the trial court, appellant, appellee, the district clerk, and the court reporter.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of January, 2017.
/s/_________
Keith E. Hottle
Clerk of Court